The new edition of this leading work offers a comprehensive treatment of jurisdiction and arbitration agreements in commercial contracts, and the enforcement of consequent judgements. It incorporates discussion of the latest cases and changes to international conventions, alongside practical advice on the problems that can arise in this field.

Remedies including stay, anti-suit injunctions, resolution of clash of jurisdictions and the enforcement of judgments are assessed from both the EU and common law perspectives, making this title invaluable to those practicing in Commercial Litigation and Arbitration in England and Wales or in a range of common law jurisdictions notably Singapore and Hong Kong.

An authority on arbitration, key features of this title include:

Gives detailed guidance on the validity, scope, construction and incorporation of jurisdiction and arbitration agreements into contracts

Offers detailed advice on how to resolve problems that can arise in the enforcement of agreements

Looks at all aspects of enforcement, from the grant of stay to injunctive and declaratory relief and an action for damages

Includes a detailed exploration of the Brussels I Regulation Recast in force from January 2015, discussing its meaning and implicationsIncludes detailed exploration of the Hague Convention on Exclusive Choice of Court Agreements in force as of October 2015 and the interface with the Brussels I Regulation Recast and Lugano Conventions

Covers precedents arising from implementation of the 2010 Lugano Convention

Considers the many decisions of English and European courts in this field since the previous edition including the Gazprom decision

Features an expanded section on interim relief granted by arbitral tribunals covering the latest jurisprudence in investment treaty arbitration

Discusses the issues from both EU and common law perspectives, ensuring the work is relevant to those practicing in a wide range of jurisdictions

This new edition features commentary and discussion of significant developments including:

A detailed exploration of the new Brussels Regulation Recast, its impact and implication both with regard to the enforcement of jurisdiction and arbitration agreements and parallel litigation

Full treatment of Hague Convention on Exclusive Choice of Court Agreements and how it is to be applied alongside the Brussels Regulation Recast and Lugano II Convention

Full treatment of the Gazprom decision and the scope for grant of anti-suit injunctions in the light of the decision and the new Regulation

Greatly expanded treatment of the coverage of challenge to and enforcement of arbitral awards including the Astro v FM litigation

The Nature and Construction of Jurisdiction and Arbitration Agreements and Resolving Potential Conflict Between Agreements

Incorporation of Jurisdiction and Arbitration Agreements

Choice of Law and Dispute Resolution Agreements

Parties to the Dispute Resolution Agreement: Who is bound and Who can enforce?

Relationship with International Convention

Commencement of Proceedings or Arbitration and Service out of the Jurisdiction

Stay and Declining Jurisdiction (Jurisdiction Agreements)

Stay (Arbitration Agreements)

Restraining Injunctions and Orders

Declaratory Relief and Challenges to Arbitrator’s Ruling on Jurisdiction Damages

Enforcement of Judgments

Enforcement of Awards

International Arbitration against States

The Enforcement of Multi-tier clauses and Provision of ADR Appendices

CONTRIBUTOR INFORMATION

David Joseph QC of Essex Court Chambers has acted in a broad range of general commercial disputes in the English courts and is now recognized as one of the leading practitioners in the field of international arbitration.

He has appeared in many of the leading cases in the field of international arbitration both in England and in the courts of Hong Kong, Singapore and the Caribbean. He has acted for the award creditors in the long running litigation of Astro v FM and others. He has acted and appeared as Counsel in a numerous complex and lengthy LCIA, ICC, UNCITRAL and other ad hoc arbitrations in London and overseas.

He has also acted in a number of actions giving rise to complex issues as to jurisdiction and the grant of interlocutory relief including anti-suit injunction, e.g. Lee Kui Jak v Aerospatiale.

He is also co -author and editor together with David Foxton QC of Singapore International Arbitration, Law and Practice, Lexis Nexis (2014).